Resolution 1997-465RESOLUTION NO, 9'/-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA
AUTHORIZING TIlE DEFERRAL OF LIBRARY
SYSTEM IMPACT FEES, PARKS AND RECREATIONAL
FACILITIES IMPACT FEES, ROAD IMPACT FEES,
WATER IMPACT FEES, SEWER IMPACT FEES,
EMERGENCY MEDICAL SERVICES IMPACT
FEES, AND EDUCATIONAL FACILITIES SYSTEM
IMPACT FEES FOR SADDLEBROOK/PELICAN POINTE
PHASE I, A 140 UNIT AFFORDABLE RENTAL tlOUSING
PROJECT.
WHEREAS, Collier County has recognized and attempted to address the lack of adequate and
affordable housing for moderate, low. and very Iow income households in Collier County and
the need for creative and innovaw, e programs lo assist in the provision of such housing by
including several provisions in the Collier County Growth Management Plan. including:
objective I.a. policy 1.4. I. objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4. policy 1
policy 1.5.6; object 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2. policy 2.1.3.
policy 2.1.5. and policy 2.1.6 of the Housing Element; and
WHEREAS. CEl/Kensington, Ltd., a Florida Limited Partnership. will undertake the
development of Saddlebrook/Pelican Pointe Phase I Apartments, a one hundred and forty
(la0) unit affordable rental housing community on a site located in Collier County, Florida, of
which CEl/Kcnsington, Ltd. is owner;, and
WHEREAS, on November 28, 1997, an application was filed with the County
AdministraTor for Ihe deferral of Collier County impact fees for the Saddlebrook/Pelican
Pointe Phase I project consistent with the requirements of the County impact fee ordinances:
and
WHEREAS, in accordance with Section 3.4 of the Library System Impact Fee Ordinance.
Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities
Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.(~4 of the Road Impact
Fee Ordinance. Ordinance No. 92-22, a.~ amended; Collier County Ordinance No. 9o-86. as
amended, the Collier County Water System Impact Fee Ordinance; Collier County Ordinance
No. 90-87, as amended, the Collier County Sewer System Impact Fee Ordinance; Section
3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71,
as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance,
Ordinance No. 92-33, as amended, an applicant may obtain n deferral of one hundred percent
(10(PA) of impac~ fees for a period of six (6) years by qualifying for said deferral; and
WHEREAS, Saddlebrook/Pelican Point Phase I has qualified for an impact fee
deferral based upon the following repr~entatiotts made by CEl/Kensington, Ltd.
A. The Dwelling Unit shall be the permanent r~ideoce of the occupant/tenant.
B. The household renting the Dwelling Unit must have a very Iow or Iow income
level, at the commencement of thc leasehold and duration thereof, as that term is
defined in the Appendices to the respective Impact Fee Ordinances and the
monthly rent must be within the affordable housing guidelines established in the
Appendices to the rt~aective Impact Fee Ordinances.
C. The Dwelling Unit shall remain affordable for at least fifteen (15) years from the
date the certificate of occupancy wa, i~ued.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COLIN'FY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
I. The Board of County Commi~sionem hereby authorized the deferral by Collier County of
the following impact feca in the amount~ listed below for th~ one hundred and forty (140)
affordable housing units to be develops! by eEl/Kensington, Ltd. on the Saddlebmok
Village PUD site R-90-6, as identified in Exhibit "A":
A. Library System Impact Fees $ 180.52 S 25.272.80
B. Road Impact Fees 935.00 130,900.00
C. Parks & Recreation Impact Fees:
Community Parka 399.00 55,860.00
Regional Parka 179.00 25,060.00
D. Emergency Services Impact Fees 2.00 280.00
E. School Impact Fees 827.00 115,780.00
F. Water lmpact Fees 900.00 126,000.00
G. Sewer Impact Fees 1340.00 187.600.00
TOTAL IMPACT FEES TO BE DEFERRED $4,762.52 $666,752.80
Deferral of said impact fees is subject to and contingent upon execution and recordation of
an Agreement for Deferral of Collier County Impact Fees which shall be entered into
belween the applicant and County.
This Resolution adopted after motion, ~ and majority vote favoring same.
DATED:~/~//)',~,~
;.! '~' ' , e" '
Hcidi F. A~hton
A.im~ Coun~ At~'n~
BOARD OF COUNTY COMMISSIONERS
· . · A
/
EXHIBIT A
SADDLEBROOK VILLAGE PUD
(A.K.A. PELICA/q PO13'TE)
LEGkL DESC*RIFrloN
The West !/2 o(the ~ 114 of Section 34, Township 49 South, ILange 26
Eas~, Collier .Coqz~, Fiorida,'.lyln8 ~ oftmcmate 75;
The South 50.00 lc, ct bt' R~io Po,ad Right-Of-Way, and ~e East 726 00 f~'t of
the West 1/2 oflJ~ Southea~' 114 o{'sald Section 34.
;
Page I
of 3
TOTgL P.Et~ ,
EXHIBXT A
TIIE PALMS
LEGAL DESCRII~ON
A parcel of land:lo~:at~ in ice'don 34, Township 49 S~
Commence at the Soft. comer ofthe Weal. I/2 ot'~c S ~ 1/4 of Soction
34 Tov.'mlfio 49 $otgh.' iLtng, o 26 F~st. ,un N$9°43'lg"~ aidistanc~ of ?26. 00
· ~ ~ '^,: ' ,' · ceofS000fcetWtltePoiniOfI3egi~nnmK,
feet; theac.: run N.O0 27'59 "W a di~n . .
di~cc of 68.~ .lc& io the point of curvature ot' a i~v.~" cave concave
'. somhw~tc~r, d~eMe run 97.61 fo~ ~ons 0~ sm o~ said c~-vc hr~iag a r~tius of
200.00 fcct, a ~ t~3I~ of 27°57'44', a chord ~ 6f. 96.64 feet and a
'chord bearing of lqI:~5741'%' to the point of .l~ng. enc%.,, tt~cc nm
.N2?~.56'33~W'a distshc~ of, 31.87 feet to & point of~ '.~f.s, curve concave
iNort~~ tl~ ~e~ ~.i2 feel gong the ~re ofr~d' 'a~ haVlng a radius of
200.00 fc~t, · c ~ral an~c of 27'32'15", a chord dis~ancc 6f 95.20 fcct and a
chord tx~ing of NI4"I 0~/~'."W to a point oft,,ng~ncy, then. o~ r~t'N00°z4'I$''W a
dlstancc of 3 I6.i 8 ~'c~t; ~ fun N89°35'42'~ a distanc~ of 13:72 fcct; thcncc
'51 4S foot; th~M run:.N:t4°iS'02''w ' d~anoe of :ll,61 foct~.~ce run~
171.15 fcct', ~ run i,159'32'54"W · disttncc 14.~6i f.cct',' tn. cncc nm
Ss~'43'~-7~. a ~'; ~ 305.9? fc~; tt~c~ run S00'?~'~ a ~
· P~rccl co~ainin~ f2.9.1 ncre~ more or Ices, subject to casa~cnls; rcsUiCfioas ~nd
. n:~,ervatiot~s of t~ird: ...............
; 'L'.y °"...
· .~...: ...- .....
....
'/ ....
' ' .... ' ' ' '4u~d D~_..,.i~n, In¢
· MeAnly E~~ .. =-~ .. '
5 I0! F_.asi.'Ti~ Tm'l, Su,te 202
Nn.ples. Florida' 34113
Page 2 of 3
EXHIBIT A
Tt-IE PALMS
LEGAL DESCRIPTIO~
16A) ?
Pase 3 of 3
AGREEMENT FOR 100% DEI;'KRRAL OF COLLIER COUNTY IMPACT FEES
This Agreement for the Deferral of Impact Fees entered into this/g~,~ of ~
I997, by and between the Board of County Commissioner~ of Collier County, Florida,
hereinafter referred to as "COUNTY" and CEI/Kensington, Ltd., hereinafter referred to as
"OWNER".
WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County
Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the
Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County
Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System
Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County
Road Impact Fee Ordinance; Collier County Ordinance No. 90-86, as amended, the Collier
County Water System Impact Fee Ordinance; Collier county Ordinance No. 90-87, as amended,
the Collier county Sewer System Impact Fee Ordinance; and Collier County Ordinance No.
92-33, as amended, the Collier County Educational Facilities System Impact Fee ordinance, as
they may be further amended from time to time hereinafter collectively referred to as "Impact
Fee Ordinance". provide for deferrals of impact fees for new owner-occupied dwelling units
qualifying as atTordable housing; and
WIIEREAS, Colonial Equities, Inc. is the duly authorized general partner of
CEI/Kensington, Ltd. with Richard Shaw as President; and
WlIEREAS, CEl/Kensington, Ltd. has applied for a deferral of impact fees as required
by the Impact Fee Ordinance, a copy of said application is on file in the Housing and Urban
Improvement Department; and
WHEREAS, the County Administrator or his designee has reviewed the OWNER's
application and has found that it complies with the requirem~-nts for an affordable housing
deferral; of impact fees as established in the Impact Fee Ordinance; and
16A
WltEREAS, thc impact fee deferral shall be presented in lieu of payment of the
requisite impact fees subject to satisfaction of ali criteria in the Impact Fee Ordinance qualifying
the project as eligible for an impact fee deferral; and
WHEREAS, the COUNTY approved a deferral of impact fees in the amount of Six
Hundred and Sixty Six Thousand Seven Hundred Fifty Two Dollars and 80/I00 ($666,752.80)
for six years from date of deferred impact fees for Saddlebrook/Peliean Pointe Phase I embodied
in Resolution No.5;Y_Je4eat its regular meeting or--and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant
and agree as follows:
1. RECITALS INCORPORATED.
shall bc incorporated by reference hercin.
2. LEGAL DESCRIPTION. The
The foregoing recitals arc true and correct and
legal description of the dwelling units (the
"Dwelling Unit") is attached hereto as Exhibit 'A' and incorporated by reference herein.
3. TERM. OWNER agrees that the Dwelling Unit shall remain affordable and shall
be offered for rent in accordance with the standards set forth in the appendix to the Impact Fee
Ordinance for a minimum of fifteen (1:5) years commencing from the date a certificate of
occupancy is issued for the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants
the following:
a. The Dwelling Unit shall be the permanent residence of the occupant/tenant.
b. The household renting the Dwelling Unit must have a very Iow or low income level,
at the commencement of the leasehold and duration thereof, as that term is defined in
the Appendices to the respective Impact Fee Ordinances and the monthly rent must
be within the affordable housing guidelines established in the Appendices to the
respective Impact Fee Ordinances.
2
c. The Dwelling Unit shall remain affordable for at least fifteen (15) years from the date
the certificate of occupancy was issued.
5. SUBSEQUENT RENTAL OR TRANSFER. If OWNER rents the Dwelling Unit
subject to the impact fee deferral to a subsequent renter, the Dwelling Unit shall be rented only to
households meeting the criteria set forth in the Impact Fee Ordinance. The impact fees deferred
shall be immediately repaid to the COUNTY upon the discontinuance of use of the Dwelling
Unit as affordable housing, or six years from the date such impact fees are deferred, whichever
oecur~ firxt. OWNER agree~ that even though the impact fees have been repaid to the
COUNTY, the OWNER will utilize the Dwelling Unit for affordable housing for at least fifteen
(15) years from the date the certificate of occupancy was issued for the Dwelling Unit.
6. LIEN. The deferred impact fees shall be a lien upon the property which lien may be
foreclosed upon in the event of non-compliance with the requirements of this Agreement.
7. ANNUAL REPORT. Annually, the OWNER of the Dwelling Unit shall provide to
the County Manager an affidavit of compliance with the affordable housing qualification criteria
and standards set forth in the Impact Fee Ordinance. Said affidavit must be filed within thirty
(30) days of the anniversary date of the issuance oftbe certificate of occupancy. If the income of
any unit renter which originally qualified as very Iow or low income level as defined in the
respective Appendix to the Impact Fee Ordinance increases by more than forty percent (40%)
above the low income level described in the appendix, then the per unit deferred impact fee on
the non-compliance unit shall become immediately due and payable by OWNER or, in the
alternative, the OWNER shall have ninety (90) days to comply with the Affordable Housing
guidelines set forth in the respective Appendices.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements,
and upon payment of the deferred impact fees, the COUNTY shall, at the expense of the
COUNTY, record any necessary documentation evidencing such payment, including but not
limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon thc parties to this
^greement, their heics, successors and assigns. In the case of sale or transfer by girl of the
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
I0. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this ^greement by the Chairman of the Board of County Commissioners.
11. DEFAULT. OWNER shall be in default of this ^greernent (1) where OWNER
fails to rent the property in accordance with the affordable housing standmxis and qualification
criteria established in thc Impact Fee Ordinance and thereafter fails to pay thc impact fees due
within thirty (30) days of notice of ~aid non-compliance, or (2) where OWNER violates one of
the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen
(15) days after notice of violation. However, with re~3ect to the Annual Report, OWNER shall
not be in default of this Agreement until a fifteen (15) day grace period from the due date of the
report has lapsed in the event the OWNER is in default.
12. REMEDIES. Should the OWNER of the property fail to comply with the said
qualification criteria at any time during the fif[een (15) year period or should OWNER violate
any provisions of this Agreement. the impact fees deferred shall be paid in full by OWNER
within thirty (30) days of ~aid non-complianee. OWNER agre~ that the impact fees deferred
shall constitute a lien on the property commencing on the effective date of this agreement and
continuing until paid. Such lien ~all be superior and paramount to the interest in the Dwelling
Unit of any owner, lessee, tenant, mortgages, or other penmn except the lien for County taxes
and shall be on parity with the lien of any such County taxes. Should thc OWNER be in default
of this Agreement and the default is not cawed within thirty (30) days after written notice to the
OWNER, the Board may bring a civil action to enforce the Agreement. In addition, the lien may.
be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the
foreclosure of a mortgage on real property. This remedy is cumulative with any other right or
4
3
remedy available to the COUNTY. Th~ Board shall be entitled to recover all fees and costs,
including attorney's fees, plus interest at the statutory rate for judgments calculated on a calendar
day basis until paid.
IN WITrf~s WHEREOF, the parties have executed this Agreement for deferral of Impact
Fees on the date and year first above written.
(2) Wimesses: OWNER:
Print Name
CE~SINGTON, LTD.
By: COLONIAL EQUITIES, INC.
ITS GENERAL PARTNER
BOARD OF COUN'rY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
BY:~
Approved as to form and
legal sufficiency
Assistant County Attorney
STATE OF ~ TF. XA$
COUNTY OF ]~Ai,LAS
The foregoing instrument was acknowledged before me this ~ day of ~
199'1 by Richard Shaw, President Colonial Equities, General Partner of eEl/Kensington, Lid. on
~ pf the ~,nership. He is personally known to me or has produced
of identification) as identification.
Name of Acknowledger Typed, Printed or Stamped
6
EIHIBIT A
SADDLEBROOK VILLAGE PUD
(A. ICA. PELICAN POINTE)
LEGAL DESCRIPTION
Thc Wesl I/2 of II)e ~ i/4 of Section 34, Towstship 49 South, R~nge 26
F.,~. Collier ~, Florida;lying south of Imer~te 75;
Less ~sd e~ce~ ,~the fol]owh~
Thc South $0.00 fo~t for R~io Rowel Rishl-Of-W~ry, ~d the Easl 726 O0 feel of
thc Wesl 1/2 oftbe Soulhe~~ 1/4 ofsald $ecllon 34.
Parcel con(ai~i~ 3~3.7~t acres,
c~
Pase I of 3
EIHIBI? A
TIlE PAl. MS
LEGAL DESCRIVI'ION
~~ ~ ~e S~l~t ~m~ ofO,e W~ i~ ofthe ~ 1/4 of~on
34, To~ 49 South' ~c 26 ~ ,~: N89'43'I~ a:~ of 726
f~; fl~ mn N~.59~ a di~ of ~0 ~ fc~ w ~c P~ ~~
~ m Ng~4]'lg'~ a ~s~ of 479 52 ~; ~ ~ N~01'I 1'~
· ~ of 68.~.f~ ~ thc ~m of mm~ of a ~ ~c
I
. ~mh~ty; ~ m 97.61 f~ ~}g d~c ~ ~d ~c bamg a ~ius of
2~.~ f~ a ~d ~e of 27°57'44", a ~ord di~ ~f. 96.64 f~ ~ a
N 2~.56 B 3 ~V a ~mm o~ 3 ! .87 f~ lo a ~int of ~~ :of a ~ ~vc
. Nonl~t~y; 0~ ~ ~. 12 fc~ ~ont~ ti~ ~c of ~ ~ ~ a ~ua of
~.~ f~, a c ad~ ~c of 27~2'1S", a chord d~ of 95~0
· m~ of 316.: 8 f~ ~ ~ N89°~5'42~ a ~ of 13.72 f~
m N00~'~' ~ a d~ of 79.13 f~, ~cc m N~'lS~lg~,a ~ of
51.48 f~ ~ [~ ~" N~4~15'02'~' a dt~a~ of 21.6i f~.~
171.15 f~; O~ m NS~2'~'%V a &~ 14.g6~ f~;"~
'210.12 f~; fl~ ~ ~44'08~ a di~ of ~[16 f~;
$8~43'2~ a ~'*o~ 105.97 f~, flm~ m S~~ a ~ of
. 07. 0
.~w'.,~vatiot~ of~e~ird
P~.parcd By
3
Page 2 of 3
LEG AL DESCRIPTION
i, · ,",~ OR: 2372 PG: 2297
Page 3 of 3